Constitutionality

interpretive impact, and typically affect only how some judges view general concepts embedded in the Constitution' or view non-interpretive considerations” (Kelso, R 1994). c. non-interpretive considerations- is when the court makes a determination of constitutionality by reference, or judgment other than the one made by the Framers of the Constitution. The courts reach a decision without interpreting what is in the text of the constitution. d.…

On December 9, 2015, the Supreme Court rules on a 4-3 decision that the Equal Protection Clause of the 14th amendment allows colleges and universities to use race as part of the college admissions process for undergraduates in the case of Fisher v. University of Texas. The majority opinion issued by Justice Kennedy argues that there was no other way for the university to fulfill its compelling interest of increasing diversity without using race as part of its admissions process. Justice Thomas’s…

On the morning of December 7th, 1941, an aircraft of the Imperial Japanese Navy attacked the United States Naval base at Pearl Harbor. The attack shocked Americans, and the federal government decided to involve themselves in World War II. During the war, in February 1942, President Franklin D. Roosevelt, along with the government, betrayed Japanese individuals by signing Executive Order 9066. This order authorized the forced relocation and imprisonment of over 100,000 individuals of Japanese…

Article II of the Constitution begins with the phrase “The executive power shall be vested…” The founders then went on to detail the various duties that would be expected of the Presidential office, and the sundry list of the powers that the office could exhibit. However, this is where the controversy began. Just a few short years after the ratification of the Constitution, the question as to the extent of what those powers were came to the forefront of the political scene. Many argued that the…

“Sixty percent of Americans now support same-sex marriage, as the Supreme Court prepares to rule on its constitutionality next month. This is up from 55% last year and is the highest Gallup has found on the question since it was first asked in 1996.” Gay marriage is a highly conversational topic that should be looked down upon as morally wrong, but over the past few years it has been gaining more and more support. Gay marriage used to be despised upon many people in many cultures and should…

disability. As illustrated by statistical figures, many sources assess the major increase in these crimes. As hate crimes are condemned as amoral and unethical, the controversy relates to the definition, legislation, and prosecution surrounding constitutionality and motives of the offenders. Evident hate crimes, current shifts in proposed legislation, and a technological channel for hate speech has sparked caution over the nation, opening the political floor for reformation. The articles…

"As long as my record stands in federal court, any American citizen can be held in prison or concentration camps without trial or hearing. I would like to see the government admit they were wrong and do something about it, so this will never happen again to any American citizen of any race, creed, or color." —Fred Korematsu (1983) What Bitter disappointment know the country you were born in condemn you to a hostile exile, just by the appearance of your skin. Korematsu v. U.S. (1944) is the…

America in the late eighteenth century was a time when arguments about the constitutionality of slavery were frequently Xfrom the mouths of politicians and XX alike. Upon learning that under the new Constitution, the importation of slaves could not be prohibited or limited for twenty years, Benjamin Banneker was compelled to voice his opinion regarding the inhumane practice of slavery. He, a free, educated black man, sympathized deeply with his enslaved brethren, especially since his own father…

“Why does the Indiana attorney general have to be involved in the definition-of-marriage cases before the U.S. Supreme Court?” It’s a fair question I have been asked since the Supreme Court announced Dec. 7 it would hear two marriage-definition cases, potentially setting the stage for a landmark ruling in June. Simply put, my legal obligation as attorney for my client, the Indiana legislature, is to defend state laws legislators have passed. Indiana has a statute defining marriage as between a…

There is said to be roughly 17,000 courthouses that are operating in the United States. These courts are governmental organizations created to hear specific types of cases depending on the case itself. There are differences between the federal and state courts. Dual court system refers to the federal and state courts separation (Neubauer & Fradella, 2015). The purpose of having the federal and state courts was that the U.S. Constitution wanted the federal government to be limited of their…